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EACC clarifies concerns of misleading post on graft case

EACC avers that the actual amount allegedly stolen by the accused persons was not a substantive issue before the court.

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by BOSCO MARITA

Fact Checker24 October 2024 - 09:56

In Summary


  • The report had captured court proceedings at a Mombasa anti-corruption court in which it claimed the EACC had misrepresented facts over the alleged loss of funds involving Taita Taveta graft suspects.
    • In a rejoinder, the EACC clarified that the report misrepresented facts on what transpired in court.

EACC integrity centre office. PHOTO: EACC

The Ethics and Anti-Corruption Commission has clarified concerns relating to a social media post it made regarding a graft case involving some officers from Taita Taveta County.

The concerns emerged from a media report that indicated that the anti-graft body posted a misleading account of a graft case on its social media handle.

The report had captured court proceedings at a Mombasa anti-corruption court in which it claimed the EACC had misrepresented facts over the alleged loss of funds involving the Taita Taveta graft suspects.

The report claimed that while EACC posted on its social media the amount lost was Sh7 million, the charge sheet presented in court indicated that the amount in question was Sh4 million.

In a rejoinder, the EACC clarified that the report misrepresented facts on what transpired in court.

EACC noted that the amount stated in the charge sheet only related to the accused persons charged Wednesday but not the entire amount involved in the alleged fraudulent scheme by the arrested county officials.

EACC said that during Wednesday’s arraignment of the Taita Taveta graft suspects arrested by EACC on Tuesday, counsel for the accused county officials lamented to the Court that EACC accused his clients of stealing Sh7 million instead of Sh4 million.

During the proceedings, EACC says the counsel then applied for an order prohibiting the EACC and media from publishing further information on the case.

“In dismissing the accused persons' bid to gag the EACC and media, Chief Magistrate Hon. Alex Ithuku observed that the figure of Sh7 million earlier reported by EACC would be wrong if the charge sheet indicating Sh4 million was anything to go by. That is if the charge sheet was the only point of reference. But it was not,” EACC said.

“Thus, the Hon. Magistrate’s words “if the charge sheet before me is anything to go by.” were not in vain.”

EACC avers that the actual amount allegedly stolen by the accused persons was not a substantive issue before the court.

“It is, therefore, clarified that the Commission's earlier report on the graft case which this story referred to as misleading is, indeed, unimpeachable.”


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